​Police given clearer powers to get on with the
job

The NSW Government will introduce
legislation to clarify complex police powers as part of its commitment to
support police in their important job of protecting the community, Attorney
General Brad Hazzard and Police and Emergency Services Minister Stuart Ayres
said today.

“This Government is committed to giving frontline police the powers
they need to do their job effectively, while ensuring the rights of the public
are protected,” Mr Hazzard said.

“Police have told us that the
existing Law Enforcement (Powers and Responsibilities) Act (LEPRA) was too
complex and we are reforming the law to make it easier for police to get it
right.”

For example, police who had inadvertently failed to follow the right
procedure for giving their name and station when stopping, searching and
arresting someone had seen evidence obtained thrown out of court. Such
procedures will be restructured and simplified.

“We are fixing these complexities,
but ensuring the Ombudsman retains oversight, in case of justified complaints,”
Mr Hazzard said.

Mr Ayres said: “This legislation, which was put into the
too-hard-basket by the previous government, is long overdue and much needed for
police to get on with the job.”

“For example, police will now be
able to detain a person at the execution of search warrant and administer their
rights there rather than having to take the suspect back to the station. Under
these reforms police will also gain an extra two hours for the initial period of
investigation after a suspect has been arrested.”

“This follows changes implemented
late last year to simplify the law governing the police powers of arrest – one
of the most difficult parts of the law for operational police.”

The government is committed
to implementing the recommendations of the statutory review and the review by
former MPs Paul Whelan and Andrew Tink. The recommendations include:

clarifying safeguards for people under arrest and
suspects attending voluntarily,

increasing time limits for the initial investigation
from 4 to 6 hours after an arrest,